POLITICAL SYSTEM OF PAKISTAN

Constitution of 1956
First constitution was approved on 29th January 1956. The Governor General gave is assent on
2nd March and the new constitution was enforced on 23rd March, 1956 and Pakistan was
transformed into an Islamic Republic. The Objectives Resolution passed by the First Constituent
Assembly in 1949 was included in the Preamble of 1956 Constitution. Under this constitution,
parliamentary form of government, modeled on British pattern, was adopted. This federal system
was closer to the one as it existed under 1935 Act of India.
Salient Features
1. Nature of the Constitution:
The constitution of the First Republic was a brief document containing six schedules and 234
Articles. It regulated the activities and determined the jurisdiction of both, central as well as
that of provincial governments, unlike American Federation; the Federating units did not have
their separate constitutions.
2. Federation:
Under the constitution, there existed division of powers between the central and provincial
governments in the form of three lists. One of the lists included the affairs on which central
government was authorized to legislate, the second list dealt with provincial government’s
jurisdiction, while the third one included all concurrent affairs on which both central as well as
provincial governments could legislate.
3. Parliamentary System:
The form of government was modeled on parliamentary lines which had closer resemblance to
the system as worked under 1935 Act of India. Under this system, all ministers were supposed to
be the members of Parliament and they remained in office so long as they continued to command
the confidence of the majority of the Assembly, otherwise, they had to resign. The Cabinet was
collectively accountable to the National Assembly.
4. Uni-Cameral Legislature:
It is a common practice in almost all the federal states to introduce bicameral legislature in
which the upper chamber is organized on the basis of parity of representation to all the
federating units while the lower chamber is organized on popular basis. But in Pakistan, there
existed only one Chamber of the Parliament in which parity of representation was secured to
both the federating units i.e. East and West Pakistan.
5. Independence of Judiciary:
The constitution ensured necessary safeguards to secure independence of judiciary. The judges
of the superior courts were to be appointed by the head of the State and were ensured full
security of service. They could not be removed prior to their retirement except through
impeachment, nor their salaries diminished.
6. Directive Principles:
Directive principles of state policy were also incorporated in the constitution, a practice copied
from Irish Constitution and contained in 1935 Act of India as well. Some of these principles dealt
with Islamic teachings. It was also reaffirmed that Pakistan would always pay due regard to the
Charter of the United Nations and perform its due role in its efforts to maintain international
peace and security. It was also reaffirmed that Pakistan would foster fraternal relations with
other nations.
7. Fundamental Rights:
Fundamental rights were made the part of the constitution and were to be enforced by the
Supreme Court. All such laws or administrative policies which violated Fundamental rights could
be challenged in the Court of Law. Some important of these were: right to life, right to personal
security, freedom of thought and action, of speech and expression, right of movement within the
country, right to privacy and family life etc.
8. Islamic Provisions:
Pakistan is an ideological polity which came into being for the purpose of implementing Islamic
way of life. Hence the basic objectives of the newly created state were pre-determined. The
Objectives Resolution passed b y 1st constituent Assembly, clearly pointed out Islamic ideology as
the basis of new socio-political order. It was included in the Preamble of the constitution which
recognized sovereignty of Allah and reaffirmed that no law would be enacted which was against
the injunctions of Islam. The name of the republic also reflected its Islamic character.
Causes of Failure of Constitution of 1956
The constitution remains enforced for a period of two years only while it is too short period to
test the utility of a constitution. As a matter of fact, the implementation of Constitution signifies
the beginning of a new era of democracy but anti-state elements and disgruntled politicians were
not sincere to this process and were bent upon sabotaging the system. Most of the politicians
tried to seize political authority through back doors and indulged in political intrigues.
Democratic norms were not paid due heed.
Elections could not be held under the new constitution and capturing of political power through
palace intrigues became a routine affair. Nepotism, favoritism and selfishness shook the
foundations of the political system. Undoubtedly, the situation became ripened for the
intervention of military in politics. Martial Law was imposed in October 1958 and it was
announced that parliamentary democracy had failed.

Constitution of 1962
The Constitution of Second Republic was a comprehensive document, comprising 250 articles and
three schedules. It did not have a representative character but was granted by one man.
Salient Features
1. Nature of the Constitution:
1962 Constitution of Pakistan, like the abrogated constitution, was a written constitution and
consisted of a comparatively detailed document. This constitution was partly rigid and partly
flexible. The National Assembly was authorized to amend the constitution by a two thirds
majority with the concurrence of the president.
2. Federal System:
The introduction of federal system was a matter already decided in the Objectives Resolution. It
was also adopted later under 1956 constitution and also retained by the Framers of the
Constitution of the 2nd Republic. According to the pattern of division of powers, as chalked out
in the constitution, the powers of the central government are enumerated and expressed in a list
while all residuary powers belong to the provinces.
3. Presidential System:
Presidential for of government was enforced under 1962 constitution. Swift changes in the
government and the subsequent political instability, before the imposition of martial law in 1958,
had created chaos in t5he country. In view of this consideration, the Constitution Commission
recommended presidential system in order to overcome political instability and enforce a firm
socio-economic and political order.
4. Unicameral Legislature:
Under both 1st and 2nd republics, parity of representation between West and East Pakistan was
secured within uni-cameralism, whereas seats in each of the provinces were allocated according
to the ratio of population.
5. Indirect Election:
It was a general impression that one of the major causes regarding the failure of constitutional
machinery during 1st Republic was the introduction of adult suffrage in isolation from adult
education. The framers of 1962 Constitution envisaged indirect method of election for the
Presidency and for the legislative assemblies.
6. Role of Judiciary:
In Pakistan, dual system of courts does not exist as there is a single series of judicial hierarchy
with Supreme Court at the apex. Proper safeguards had been introduced under 1962 Constitution,
to ensure the independence of judiciary.
7. Islamic Provisions:
Under 1956 Constitution of Pakistan, the state was declared as an Islamic Republic but in the
original document of the 1962 Constitution, the word Islamic was deleted from the name of the
Republic. This clearly indicates the underlying motive and the real spirit behind the constitution-
making. It was due to severe popular reaction that the word “Islamic” was re-inserted.
8. Fundamental Rights:
The original document of the constitution did not include a list of fundamental rights. It was in
the first amendment of the constitution in 1963, that these were included and made its part. The
list of fundamental rights incorporated almost all the rights secured to its citizens by a modern
state. It is worth remembering that public liberties become more secure when secured through
constitution and made judiciable.
Failure of the Constitution of 1962
The period of President Ayub’s rule was a bit longer and outwardly appeared stable. But it was
hollow from within as the political system was not based on political participation. The forces of
disintegration continued to gain strength and ultimately the time approached when the people
stood up against the government. The political parties were already active against the
government and demanded the restoration of parliamentary system, direct elections and
fundamental rights. The people of three provinces of West Pakistan, except Punjab, were against
One Unit while most of the political parties also demanded its abolition. The critics of One Unit
also joined hands with the forces of apposition to Ayub’s regime. Hence all the opponents of the
government joined hands and organized demonstrations against the government. There were
country-wide street demonstrations, with events of violence and terrorism, demanding the
resignation of the government. Consequently, law and order situation deteriorated from bad to
worst.
The political situation became more and more alarming and brought law and order situation at
the verge of anarchy. President Ayub Khan announced the transfer of political authority to Yahya
Khan, the Commander in Chief of the Armed Forces, who imposed Martial Law on 25th of March
1969. All the legislative Assemblies were dissolved and the constitution abrogated.

Constitution of 1973
The National Assembly which was elected in 1970 had also to prepare a constitution for the
country. For this purpose, it formed a committee in its session held on 17th April, 1972,
comprising all the representatives of the parliamentary parties. The recommendations of the
committee were finally approved on 10th April, 1973 and assented by the President on 12th April.
The constitution was not implemented immediately as the formation of Senate was essential as a
constitutional requirement. The constitution was enforced on 14th August, 1973.
Salient features of the Constitution
The name of the Republic, according to the Constitution, is Islamic Republic of Pakistan. The
territories of Pakistan have been specified in the Constitution. The Federation consists of the
Provinces of Punjab, Baluchistan, NWFP and Sindh, Islamabad (the Capital under the direct
administration of the Federal Government), Tribal Areas and all the territories which would be
included in future. As regards East Pakistan, it was laid down in the original document that the
constitution would be amended to give participation to the people of that province when the
imprints of foreign aggression would wither away. But the territory of East Wing was eliminated
from the Federal Territory through 1st Amendment of the Constitution and Bangladesh
recognized as an independent state.
1. Preamble:
Islamic ideology was given de-jure recognition preliminary in the form of Objectives Resolution of
1949 and later incorporated in the Preambles of all the Constitutions of the Republic.
2. Nature of the Constitution:
The Constitution of the 3rd Republic, like its previous counterparts, is written as its major part
has been reduced to writing. It consists of 280 Articles classified into 12 chapters and six
schedules. The constitution is partly flexible and partly rigid. The proposal to amend it can be
initiated in any of the Houses of the Parliament. If ratified by two-thirds majority of both the
Houses and later assented to by the President, the constitution stands amended.
3. Federal System:
According to the pattern of division of powers, as worked out within federal structure, one list
deals with all such affairs on which the Parliament has the power to legislate, while the other
known as concurrent list, includes all matters on which both central as well as Provincial
legislatures are authorized to enact laws. All residuary powers, dealing with matters not included
in any of the aforesaid lists, belong to the provincial governments.
4. Parliamentary Form:
In the original constitution of 1973, such a parliamentary structure was introduced as could
ensure predominant position of Prime Minister which was theoretically in line with the basic
principles of this system. The position of the president was that of a titular head and the
intention of the Framers was to make this office ineffective in order to avoid a situation similar
to the one which existed under 1956 Constitution.
5. Bi-Cameralism:
Under both the defunct constitutions of Islamic Republic of Pakistan, the central legislature was
unicameral but bicameralism has been introduced in the 3rd republic. It is a common practice in
almost all the federal states to keep two houses of the legislature in which the lower house is
constituted on popular basis while the upper one represents the federating units on parity basis.
6. Independence of Judiciary:
Independence of Judiciary has been regarded indispensable for the enforcement of justice in a
society. People can enjoy their rights and safeguards their interests effectively if the courts are
free and impartial in dispensing justice.
7. Fundamental Rights:
The present constitution of Pakistan incorporates almost all the fundamental rights that were
ensured under the defunct constitutions. These rights are to be enforced through superior courts.
Neither the Parliament nor any provincial legislature is authorized to enact any law repugnant to
fundamental rights; otherwise the Superior Courts have the power to declare such laws invalid.
8. Direct Method of Election:
The constitution of 1973 prescribes direct method of election to return the deputies to different
legislative assemblies. But indirect method of election has been retained for the elections to the
Senate. The underlying purpose seems to introduce different electoral base from that of the
National Assembly so as to avoid duplication. Moreover, the Senate is expected to act as the
guardian of the rights of the federating units, so the latter has been given the right to elect the
Senators.
9. Economic Justice:
It has been reaffirmed in the constitution to implement a balanced economic system so as to
eradicate all economic ills. It has been laid down in the Principles of Policy that government shall
provide basic needs of life to all the citizens. For this purpose, private and public, both sectors
have been given protection under the constitution.
10. Official Language:
Urdu has been prescribed as the national language. It has been made obligatory on the
government to take proper steps for the introduction of Urdu as official language within fifteen
years from the date of the commencement of the constitution.
11. Single Citizenship:
Dual citizenship exists in most of the federal states. Hence, rights and duties of citizens are
determined by a federal constitution as well as under the constitutions of federating units. But
all the citizens of Pakistan enjoy same rights and obligations in every part of the country. All
rules relating to the citizenship are also governed by federal laws.
12. Holding of the Referendum:
The President is authorized to order for holding a referendum on any issue of national importance
on his own initiative or on the advice of the Prime Minister.

Important Amendments in 1973 Constitution

First Amendment
May 4, 1974
It amended Articles 1, 8, 17, 61, 101, 193, 199, 200, 209, 212, 250, 260 and 272, and the First
Schedule of the Constitution of Pakistan.
The amendment to Article 1 redefined the boundaries of Pakistan and removed references to East
Pakistan after the recognition of Bangladesh by Pakistan.
Second Amendment
September 21, 1974
A person who does not believe in the absolute and unqualified finality of the Prophethood of Holy
Prophet Muhammad (PBUH) the last of the Prophets or claims to be a Prophet, in any sense of the
word or of any description whatsoever, after Holy Prophet Muhammad (PBUH), or recognises such
a claimant as a Prophet or a religious reformer, is not a Muslim for the purposes of the
Constitution or law.
Seventh Amendment
May 16, 1977
Insertion of new Article 96-A, in the Constitution.
Referendum as to confidence in Prime Minister:
(1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the
people of Pakistan through a referendum, he may advise the President to cause the matter to be
referred to a referendum in accordance with law made by Parliament.
(2) The law shall provide for the constitution of a Referendum Commission and the manner and
mode of holding a referendum.
(3) The President shall call upon the Referendum Commission to conduct a referendum amongst
the persons whose names appear on the electoral rolls.
(4) Any dispute arising in connection with the counting of votes at a referendum shall be finally
determined by the Referendum Commission or a member thereof authorised by it. And no dispute
arising in connection with a referendum or the result thereof shall be raised or permitted to be
raised before any Court or other authority whatsoever.
(5) If, on the final count of the votes cast at the referendum, the Prime Minister fails to secure
majority of the total votes cast in the matter of the confidence of the people of Pakistan, he
shall be deemed to have tendered his resignation within the meaning of Article 94 of the
Constitution of Pakistan.
Eighth Amendment
November 11, 1985
It amended articles 48, 51, 56, 58, 59, 60, 75, 90, 91, 101, 105, 106, 112, 116, 130 and 144,
omitted articles 152- A and added 6th schedule. However, the most important amendment was
that of article 58. The President may also dissolve the National Assembly in his discretion, where,
in his opinion:
(a) a vote of no-confidence having been passed against the Prime Minister, no other member of
the National Assembly is likely to command the confidence of the majority of the members of the
National Assembly in accordance with the provisions of the Constitution, as ascertained in a
session of the National Assembly summoned for the purpose; or
(b) a situation has arisen in which the Government of the Federation cannot be carried on in
accordance with the provisions of the Constitution and an appeal to the electorate is necessary.”
Article 58 2(b), which granted the discretionary power to dissolve the National Assembly, was
invoked three times in the 1990s:-
- by President Ghulam Ishaq Khan against Prime Minister Benazir Bhutto on August 6, 1990,
- by President Ghulam Ishaq Khan against Prime Minister Nawaz Sharif in 1993 and
- by President Farooq Ahmad Khan Leghari against Prime Minister Benazir Bhutto in November
1996.
In the second instance, Prime Minister Nawaz Sharif was reinstated by the Supreme Court, but
the resulting stalemate ended with the resignations of both Ghulam Ishaq Khan and Prime
Minister Nawaz Sharif. The use of Article 58 2(b) was almost exclusively justified by the President
as necessary, for the removal of corrupt governments that, it was asserted, had lost the
confidence of the people. Elections were held each time that caused the ruling party to lose its
majority or plurality in the National Assembly.
Twelfth Amendment
July 28, 1991
Addition of new Article 212-B in the Constitution.
Establishment of Special Court and Supreme Appellate Courts for trial of heinous offences:
In order to ensure speedy trial of cases of persons accused of such of the heinous offences
specified by law as are referred to them by the Federal Government, or an authority or person
authorised by it, in view of their being gruesome, brutal and sensational in character or shocking
to public morality, the Federal Government may by law constitute as many Special Courts and
Supreme Appellate Courts as it may consider necessary.
A Special Court and a Supreme Appellate Court shall decide a case or, as the case may be, an
appeal within 30 days.
(Article 212-B shall cease to be a part of the Constitution after three years).
Thirteenth Amendment
April 4, 1997
The 13th Amendment stripped the President of the power to dissolve the National Assembly and
call for new elections, effectively reducing the Presidency to a ceremonial figurehead.
Fourteenth Amendment
July 4, 1997
Addition of new Article 63A in the Constitution.
“63A Disqualification on ground of defection, etc.”
(1) A member of a House shall be deemed to defect from a political party if he, having been
elected as such, as a candidate or nominee of a political party, or under a symbol of political
party or having been elected otherwise than as a candidate or nominee of a political party, and
having become a member of a political party after such election by means of a declaration in
writing:
(a) commits a breach of party discipline which means a violation of the party constitution, code
of conduct and declared policies, or
(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or
(c) abstains from voting in the House against party policy in relation to any Bill.
(2) Where action is proposed to be taken under clause (1), sub-clause (a), the disciplinary
committee of the party, on a reference by the head of the party, shall decide the matter, after
giving an opportunity of a personal hearing to the member concerned within seven days.
In the event the decision is against the member, he can file an appeal, within seven days, before
the head of the party, whose decision thereon shall be final.
In cases covered by clause (1), sub-clauses (b) and (c), the declaration may be made by the head
of the party concerned after examining the explanation of the member and determining whether
or not that member has defected.
(3) The presiding officer of the House shall be intimated the decision by the head of the political
party in addition to intimation which shall also be sent to the concerned member. The presiding
officer shall within two days transmit the decision to the Chief Election Commissioner.
The Chief Election Commissioner shall give effect to such decision within seven days from the
date of the receipt of such intimation by declaring the seat vacant and amend it under the
schedule of the by-election.
Fifteenth Amendment
Addition of new Article 2B in the Constitution.
Supremacy of the Quran and Sunnah:
(1) The Holy Quran and Sunnah of the Holy Prophet (PBUH) shall be the supreme law of Pakistan.
(2) The Federal Government shall be under an obligation to take steps to enforce the Shariah, to
establish salat, to administer zakat, to promote amr bil ma'roof and nahi anil munkar (to
prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to
provide substantial socio-economic justice, in accordance with the principles of Islam, as laid
down in the Holy Quran and Sunnah.
Sixteenth Amendment
August 5, 1999
Article 27 of the Constitution provides safeguards against discrimination in services. In order to
provide opportunity and representation to all classes of persons and areas in services. The 16th
Amendment meant to increase the duration of provincial quota system from 20 years to 40 years
and thus it is applicable upto 2011.
Seventeenth Amendment
December 2003
This amendment made many changes to the Constitution. Many of these changes dealt with the
office of the President and the reversal of the effects of the 13th Amendment.
Important points of this amendment are:
• President Musharraf's Legal Framework Order (LFO) was largely incorporated into the
constitution, with a few changes.
• Article 63(1)(d) of the Constitution to become operative after December 31, 2004. The intent
of this was to prohibit a person from holding both a political office (such as that of the President)
and an "office of profit" - an office that is typically held by a career government servant, civil or
military - such as the office of the Chief of Army Staff. Although this was supposed to separate
the two types of office, a loophole - ".. other than an office declared by law .." - allowed
Parliament to pass an ordinary law later in 2004 - permitting the President to hold on to the
office of Chief of the Army Staff, an option that President Musharraf then exercised.
• Should the President win a majority in a vote of confidence in the electoral college within 30
days of the passage of this amendment, he shall be deemed to be elected to the office of
President. (On January 1, 2004, Musharraf won 658 out of 1,170 electoral-college votes - a 56 per
cent majority - and was thereby deemed to be elected president.)
• The President regains the authority to dissolve the National Assembly - and thus effectively to
dismiss the Prime Minister - but the power to do so is made subject to an approval or veto by the
Supreme Court of Pakistan.
• A Governor's power to dissolve a provincial assembly is similarly subject to Supreme Court
approval or veto.
• Article 152A, which dealt with the National Security Council (NSC), was annulled. (The legal
basis for the NSC is now an ordinary law, the National Security Council Act of 2004.)
• Ten laws had been added by the LFO to the Sixth Schedule, which is a list of "laws that are not
to be altered, repealed or amended without the previous sanction of the President." After this
amendment, five of those laws will lose their Sixth Schedule protection after six years. Laws to
be unprotected include four laws that established the system of democratic local governments.
(Those in favour of this change have argued that it would enable each province to evolve its own
systems. Opponents fear that authoritarian provincial governments could disempower or even
dismantle the system of local democracies.)
Eighteenth Amendment
April 19, 2010
The 18th Amendment aimed at removing the power of the President to dissolve the Parliament
unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming
North-West Frontier Province to Khyber Pakhtunkhwa.
The package is expected to counter the sweeping powers amassed by the Presidency under
former Presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease
political instability in Pakistan. The 'historic' bill reverses many infringements on Constitution
over several decades by its military rulers.
Omission of clause (b) of article 58:
Dissolution of the National Assembly.
(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and
the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of 48 hours
after the Prime Minister has so advised.
(2) The President may also dissolve the National Assembly in his discretion where, a vote of no-
confidence having been passed against the Prime Minister, no other member of the National
Assembly commands the confidence of the majority of the members of the National Assembly in
accordance with the provisions of the Constitution, as ascertained in a session of the National
Assembly summoned for the purpose.
270AA. Declaration and continuance of laws, etc:
The Proclamation of Emergency on October 14, 1999, the Provisional Constitution Order No.1 of
1999, the Oath of Office (Judges) Order, 2000 (No.1″ of 2000), Chief Executive’s Order No. 12 of
2002, Chief Executive’s Order No. 19 of 2002, the amendments made in the Constitution through
the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework
(Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework
(Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), are declared as
having been made without lawful authority and of no legal effect.
All other laws including President’s Orders, Acts, Ordinances, Chief Executive’s Orders,
regulations, enactments, notifications, rules, orders or bye-laws made between October 12,
1999, and October 31, 2003, continue to be in force until altered, repealed or amended by the
competent authority.

The President
The President is the head of the state and has been regarded as the chief spokesman of the
republic. He is constitutionally the repository of the highest administrative authority of the
federation which he can exercise in his own discretion or on the advice of the Prime Minister.
Under the constitutional arrangements, balance has been maintained between the powers of the
President and that of the Prime Minister, whereas in the original constitution, President has no
effective say in the federal administration.
Qualifications:
1. He must be a Muslim.
2. He should not be less than forty-five years of age.
3. He must be qualified to be elected as member of the National Assembly.
Election:
The President is to be elected by both Houses of the Parliament in a joint session and by the
members of all the Provincial Assemblies. Hence, the method of election is indirect while the
legislative bodies are to act as Electoral College. In case the office becomes vacant due to the
death or resignation of the President, the new President shall be elected within thirty days.
Tenure:
The term of the office of the President is five years and he can be re-elected for another term
but third term in succession has been disallowed. The President can also be removed prior to the
termination of his tenure.
Limitations:
The President-elect cannot remain a member of the Parliament or that of a Provincial Assembly.
In case a member of any Assembly is elected as President he has to resign from the membership.
Under the constitution, he is not entitled to hold an office of profit in the service of Pakistan.
Privileges:
No criminal case can be registered in any court against the President in office, nor is any Court
authorized for prosecution leading to his arrest. The President is also exempted from all civil
proceedings in a civil court.
Powers of the President
The President was supposed to act as a constitutional head in the original constitution while
Prime Minister virtually enjoyed all administrative powers. Hence the President has no
discretionary authority and was expected to act only on the advice of the Prime Minister.
1. Executive Powers:
The President is the repository of the supreme executive authority of the federation which shall
be exercised on the advice of the Prime Minister and his Cabinet.
a) Formation of Cabinet:
The most important function of the President is to appoint the Prime Minister. He invites the
leader to form the Cabinet who commands the confidence of the majority of the National
Assembly. The choice of the President regarding his nomination of Prime Minister has been
curtailed so as to avoid his undue interference in practical politics. The President shall appoint
other ministers on the advice of the Prime Minister. As a matter of fact, the formation of the
Cabinet is the sole responsibility of the Prime Minister. The Prime Minister and his cabinet
colleagues shall remain in offices at the pleasure of the President. But the President can remove
them only when he thinks that they have ceased to command the confidence of the majority in
the National Assembly. He may ask the Prime Minster to get vote of confidence in the House. If
the Prime Minister fails to do this, the Cabinet has to resign.
b) Discretionary Powers:
The President is authorized to ask the Cabinet to review its policy on a particular matter. It
includes even such matters which have not been considered by the Cabinet, but dealt with by the
Prime Minister or by any other minister. In the performance of his functions, the President can
seek the advice of the Prime Minister or that of any other minister but is not bound to act
accordingly.
c) Appointment:
In addition to the appointment of the Prime Minister and that of other ministers, the President
also appoints a number of superior administrative officers. Appointments of ambassadors to
different countries and that of the Chief Election Commissioner, judges of superior courts fall
within the discretionary powers of the President. The latter appoints the Provincial Governors,
after consultation with the Prime Minster. He can negotiate treaties with foreign nations. Being
the supreme commander of the armed forces, he has to appoint Chief of Staff of all the three
forces in addition to the appointment of Chairman of Joint Chiefs of Staff Committee in
consultation with the Prime Minister.
2. Legislative Role:
The highest legislative authority in the country is the President in Parliament. The President can
summon, prorogue and even dissolve the National Assembly, ut the Senate cannot be dissolved.
He can send special messages to any of the Houses of the Parliament conveying his proposals
regarding any bill and the House are bound to consider it. The President can thus influence
legislation.
Approval of the Bills:
All the bills passed by the Parliament got to be approved by the President. After the passage of a
bill in both Houses of the parliament, it is sent to the President for his assent. The President
within 30 days shall either assent to the bill or send it back to the House of its origin for revision.
In case both Houses of the Parliament again pass that bill in a joint session by a simple majority
vote, the President is bound to give his approval. Hence, the supremacy of the Parliament has
been recognized at least in legislation.
3. Judicial Powers:
The President shall appoint Chief Justice and other judges of the Supreme and High Courts but he
has to consult the respective Provincial Governor while making appointment of the Judges of the
High Court. The President is fully empowered to grant pardon, reprieve or clemency. Any action
of the President regarding the use of his constitutional powers can not be challenged in any
court.

Prime Minister
Prime Minister enjoys a very important position in the Cabinet and being an important advisor of
the President, the whole administrative machinery revolves around him. He is, on the one hand,
Chief of the administration and on the other hand, leader of the House.
As Head of the Cabinet
Prime Minister is the head of the Cabinet and in this capacity he supervises the working of
different governmental departments and also coordinates their activities. He has final say in
regard to the formation of the Cabinet, as he prepares a list of the ministers to be submitted for
its approval by the President. He can ask any minister to resign and in all Cabinet meetings his
opinion weighs heavily. He resolves all differences between his Cabinet members and maintains
homogeneity.
As Leader of the House
Being the leader of the majority party in National Assembly, the Prime Minister is regarded as
leader of the House. In this capacity he issues important statements regarding policy matters, he
remains in close contact with the leader of the opposition to decide different matters relating to
agenda and the business of the House. It is on the advice of the Prime Minister that the President
normally summons, prorogues and is supposed to dissolve the National Assembly.
As a National Leader
Once appointed as Prime Minister, a person ceases to be a mere party leader, he rather becomes
the leader of the nation. His speeches carry weight, ideas propagated and opinion held in
esteem. Not only the national press but international press also gives full coverage to his view
point. People highly honor his opinion on national issues and look at him for guidance. He enjoys
a unique position to mould public opinion through his much-publicised speeches.
Link between President and the Cabinet
The constitution requires that the Prime Minister should act as a link between the Cabinet and
the President. As all the powers of federal government, legally speaking, are exercised in the
name of the President, it is, therefore, duty of the Prime Minister to keep the President informed
about all important policy matters. No doubt, every federal minister as incharge of a portfolio,
has direct access to the President, it is the Prime Minister who keeps direct links with the
President.

The Parliament
In modern political systems, the legislative branch enjoys somewhat superior position over the
other two branches of government, as it reflects the will of the political sovereign. In a
parliamentary set-up the legislature is regarded as supreme law-making body on the one hand,
and a repository of executive power on the other.
It was in the interest of the provinces to introduce bicameralism in which the upper chamber
would represent the federating units on parity basis. Parity of representation in one chamber was
thought to act as an important safeguard to preserve provincial autonomy. Another advantage of
bicameralism is that the popular trends are let known after short intervals, as the election to
both the chambers of Parliament are held at different times. In the form of Senate, a permanent
Chamber has been provided in which complete change in it membership shall not take place, as
half of its members are elected every three years. The quality of the membership of Senate is
expected to be comparatively superior as most competent persons, who may not become
members of the National Assembly, due of non-involvement in practical politics, can be elected
to the upper chamber due to its limited electoral constituency. Hence, the nation can utilize the
services of most talented persons.
National Assembly
Lower House of the Parliament is known as National Assembly. Duration of National Assembly is
five years. Nevertheless, in the package of proposals, it was suggested to minimize its tenure. It
is to be noted that in the recent past none of the assemblies had completed its normal duration
with the exception of Assembly which worked in 2002-2007.
Powers of the National Assembly
1. Legislation
The National Assembly is fully authorized to legislate on all matters enumerated in federal and
concurrent lists. It enjoys exclusive power to legislate on matters in respect of federal list, while
Provincial Assemblies also enjoy powers to enact on concurrent affairs. Nevertheless, supremacy
of National Assembly has been secured even in concurrent affairs as the laws of the Parliament
shall prevail and provincial laws stand invalid in case of clash between both the laws.
2. Control over the Executive
The Prime Minster and all of his ministers are the members of either House of the Parliament.
The whole Cabinet is accountable to the Parliament for all executive decrees, actions and
policies that have been made by the President on the advice of the Prime Minister. The National
Assembly can remove the Cabinet by passing a vote of no-confidence against it.
3. Financial Control
Modern legislatures exercise effective control over finance in a democratic system. The money
bills originate in the lower House, in case of bicameral legislature and it exercises effective
control in fiscal matters. Under the present constitutional system, National Assembly wields
effective control over the purse of nation, as no amount can be spent without its sanction and no
revenue collected without its authorization. The members of National Assembly exercise control
over fiscal policy by criticizing the estimates for raising funds and demands for grants.
4. Judicial Powers
Parliament is empowered to prescribe the number of judges of the Supreme Court hence it can
bring changes in the organization of the court. It enjoys also a quasi-judicial power to impeach
the President, and remove him from the office on the basis of gross misconduct or mental or
physical unfitness.
5. Amendment in the Constitution
Parliament can amend the constitution. Accordingly, a bill aiming at amendment can be initiated
in any one House of the Parliament, and after having been passed by both Houses it is sent for
Presidential assent. Further, any proposal aiing at the alterations in the boundaries of any
province got to be ratified by the Provincial Assembly concerned by two-thirds majority.
Miscellaneous Powers
To ventilate public grievances, is an important function of a modern legislature. The deputies
draw the attention of the public officials to the problems faced by the people through asking
questions or criticizing public policies. The members can effectively control the ministers in case
the latter remain present on the floor of the Chamber.
The Parliament also acts as a useful training center in which the most competent
parliamentarians can distinguish themselves by virtue of their performance. A member of higher
intellectual caliber and political sagacity can easily demonstrate his capabilities on the floor of
the House; and such distinguished members can be included in the Cabinet. Undoubtedly, the
role of a Parliament in the success of democracy is of vital importance.
Speaker and Deputy Speaker
The newly elected National Assembly, in its very first session, shall elect a Speaker and a Deputy
Speaker from amongst its members. Before assuming the duties, both shall take the oath of their
respective offices. Deputy Speaker shall preside over the meetings of National Assembly during
the absence of Speaker. In case the former is also absent, any other member, according to the
rules of procedure of the House, shall perform Speaker’s functions. Both, Speaker and Deputy
Speaker, are not entitled to preside over the session in which a motion aiming at their removal is
under consideration.
Functions:
1. The Speaker of the National Assembly presides over the meetings of the Assembly and is
responsible for the maintenance of law and order in the House. While performing this function he
enjoys enormous powers. He can issue warning to a member who defies the established rules,
and even suspend the proceedings
2. He revolves the issues in the light of the usages on which there are no explicit rules. The
Speaker also gives his rulings on point of order.
3. While presiding over the meetings, the Speaker effectively controls the deliberations. All the
questions to be asked from the Ministers are to be addressed to the Speaker and the latter is fully
authorized to reject any of these questions.
4. The members take part in the deliberations and take the floor on the permission by the
Speaker. The latter can order for omission of unparliamentarily remarks from the proceedings.
He can obstruct any member from using objectionable language in his speech.
5. The Speaker enjoys the executive power to select any of the amendments proposed by the
members, for submission in the House. He is also fully authorized to reject or accept any of the
motion.

The Senate
Senate has been formed for the first time under the present constitutional set-up, as the
previous legislatures under both the defunct Constitutions of Islamic Republic of Pakistan were
unicameral.
The formation of Senate has the definite advantage of ensuring effective representation of all
the provinces in the central legislature to their fullest satisfaction due to the parity of
representation. Both chambers may also act as a check on each other. As a matter of fact,
concentration of all legislative authority in one House of legislature may lead to legislative
autocracy. Thorough examination of a bill and more effective deliberation is possible during the
legislative process on account of the presence of upper chamber. An issue can be exhaustively
crystallized when it is examined by two different chambers. The senate shall also perform its
traditional role, viz, revision of bills sent by the National Assembly and rendering its proposals.
Senate is a permanent Chamber which cannot be dissolved. Half of its members shall be replaced
after every three years, after having completed their six years term. Complete change in the
total membership, occurs at no stage; rather continuity in the membership is its novel feature.
Chairman and Deputy Chairman
Chairman and Deputy Chairman are elected by the Senate for three years from amongst its
members. In the absence of both the office bearers, new one shall be elected. It is to be noted,
that both are elected after every three years at the time of the reconstitution of the Senate. The
functions and powers of the Chairman are similar to the ones performed by the Speaker of
National Assembly. If the President of Pakistan is unable to perform his functions due to absence
from the country or any other ground, Chairman of the Senate shall work as Acting President.
Powers of the Senate
In most of the federal states, legislatures are bicameral. The presence of an upper chamber has
been regarded as an effective safeguard to protect the interests of the smaller federating units
against the encroachment on their rights by the bigger ones. It is to be noted, that in a
federation, the upper chamber is constituted normally on the basis of parity of representation.
1. Legislative Powers
According to the Eighth Amendment of the Constitution, both the Houses of Parliament have
almost equal powers. Hence, bills can be initiated in any of the Houses with the exception of
money bills which originate in National Assembly exclusively. In the original constitution, the bills
relating to the first part of the federal list, could be introduced only in National Assembly but at
present no such discrimination has been preserved in respect of ordinary legislation.
Consequently, Senate can legislate, with the co-operation of National Assembly, on any matter
expressed in the federal or concurrent list.
2. Financial Legislation
The National Assembly enjoys monopoly in respect of fiscal legislation while the Senate has been
deprived of direct role to this effect. All the money bills originate in National Assembly and it has
the ultimate power over the fate of such bills. It is the function of the Speaker to declare a bill
as money bill. Senators can exert indirect influence in shaping financial legislation by passing
resolutions or through criticizing the policies of the government.
3. Control over the Executive
According to a constitutional requirement, at least one-fourths of the ministers are to be taken
from the Senate. The ministers remain present in this Chamber and the Senators can ask
questions concerning their respective portfolios.
4. Judicial Powers
The Senate, along with National Assembly, can legislate on all matters relating to the
organization of judiciary. It also shares with National Assembly the power to impeach the
President.
Conclusion:
In financial matters National Assembly still enjoys superior powers. It is laid down that after the
passage of money bills in National Assembly, these shall be sent to the Senate for consideration.
The Senate shall consider and review such bills within seven days. The approval of Senate
regarding financial bills has not been made obligatory. Exhaustive deliberations on any bill are
possible and its drawbacks frequently pointed out, as the fate of government is not involved in
this Chamber.
Moreover, strict party discipline does not exist in this Chamber and the issues can be thrashed
and examined in a free atmosphere over and above party affiliations. Permanence and continuity
in its membership is another distinct feature. But for the success of parliamentary system
requires that it should not become rival of the popular chamber, it is rather expected to uphold
political values of parliamentary democracy.

CONSTITUTION OF PAKISTAN
A. PREAMBLE:
Art. 1. (1) Pakistan shall be Federal Republic to be known as the Islamic Republic of
Pakistan, hereinafter referred to as Pakistan.
Art. 2. Islam shall be the State religion of Pakistan.
Art. 20. Subject to law, public order and morality—
a. every citizen shall have the right to profess, practice and propagate his
religion;
Art. 25A. The State shall provide free and compulsory education to all children of the age of five to
sixteen years in such manner as may be determined by law.
Islamic way of life
31. 1. Steps shall be taken to enable the Muslims of Pakistan, individually and collectively,
to order their lives in accordance with the fundamental principles and basic concepts of
Islam and to provide facilities whereby they may be enabled to understand the meaning
of life according to the Holy Quran and Sunnah.
2. The State shall endeavour, as respects the Muslims of Pakistan,—
(a) to make the teaching of the Holy Quran and Islamiat compulsory, to
encourage and facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of the Holy Quran;
(b) to promote unity and the observance of the Islamic moral standards;
and
(c) to secure the proper organisation of zakat 1[ushr,] auqaf
and mosques.
Promotion of local Government institutions
32. The State shall encourage local Government institutions composed of elected
representatives of the areas concerned and in such institutions special representation
will be given to peasants, workers and women.
34. Steps shall be taken to ensure full participation of women in all spheres of national
life.
Promotion of social justice and eradication of social evils
37. The State shall—
(a) promote, with special care, the educational and economic interests of
backward classes or areas;
(b) remove illiteracy and provide free and compulsory secondary education
within minimum possible period;
(c) make technical and professional education generally available and higher
education equally accessible to all on the basis of merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane conditions of work, ensuring
that children and women are not employed in vocations unsuited to their
age or sex, and for maternity benefits for women in employment;
(f) enable the people of different areas, through education, training,
agricultural and industrial development and other methods, to
participate fully in all forms of national activities, including employment
in the service of Pakistan;
(g) prevent prostitution, gambling and taking of injurious drugs, printing,
publication, circulation and display of obscene literature and
advertisements;
(h) prevent the consumption of alcoholic liquor otherwise than for medicinal
and, in the case of non-Muslims, religious purposes; and
(i) decentralise the Government administration so as to facilitate
expeditious disposal of its business to meet the convenience and
requirements of the public.
Strengthening bonds with Muslim world and promoting international peace
40. The State shall endeavour to preserve and strengthen fraternal relations among Muslim
countries based on Islamic unity, support the common interests of the peoples of Asia,
Africa and Latin America, promote international peace and security, foster goodwill and
friendly relations among all nations and encourage the settlement of international
disputes by peaceful means.
The Federation of Pakistan
The President
41. 1 There shall be a President of Pakistan who shall be the Head of State and shall represent
the unity of the Republic.
2. A person shall not be qualified for election as President unless he is a Muslim of not
less than forty-five years of age and is qualified to be elected as member of the
National Assembly.
3. The President shall be elected in accordance with the provisions of the Second
Schedule by the members of an electoral college consisting of—
(a) the members of both Houses; and
(b) the members of the Provincial Assemblies.
7. Before entering upon office, the President shall make before the Chief Justice of
Pakistan oath in the form set out in the Third Schedule.
Conditions of President’s office
43. The President shall not hold any office of profit in the service of Pakistan or occupy
any other position carrying the right to remuneration for the rendering of services.
The President shall not be a candidate for election as a member of Majlis-e-Shoora
(Parliament) or a Provincial Assembly; and, if a member of Majlis-e-Shoora (Parliament) or a
Provincial Assembly is elected as President, his seat in Majlis-e-Shoora (Parliament) or, as the
case may be, the Provincial Assembly shall become vacant on the day he enters upon his
office.
Term of office of President
44. Subject to the Constitution, the President shall hold office for a term of five years
from the day he enters upon his office:
Provided that the President shall, notwithstanding the expiration of his terms,
continue to hold office until his successor enters upon his office. Subject to the
Constitution, a person holding office as President shall be eligible for re-election to
that office, but no person shall hold that office for more than two consecutive
terms. The President may, by writing under his hand addressed to the Speaker of
the National Assembly, resign his office.
President’s power to grant pardon, etc.
45. The President shall have power to grant pardon, reprieve and respite, and to
remit, suspend or commute any sentence passed by any court, tribunal or other
authority.
President to be kept informed
46. The Prime Minister shall keep the President informed on all matters of internal
and foreign policy and on all legislative proposals the Federal Government intends to
bring before Majlis-e-Shoora (Parliament).
Removal [or impeachment] of President
47. Notwithstanding anything contained in the Constitution, the President may, in
accordance with the provisions of this Article, be removed from office on the ground
of physical or mental incapacity or impeached on a charge of violating the
Constitution or gross misconduct. Not less than one-half of the total membership of
either House may give to the Speaker of the National Assembly or, as the case may
be, the Chairman written notice of its intention to move a resolution for the removal
of, or, as the case may be, to impeach, the President; and such notice shall set out
the particulars of his incapacity or of the charge against him. If a notice under clause
(2) is received by the Chairman, he shall transmit it forthwith to the Speaker. The
Speaker shall, within three days of the receipt of a notice under clause (2) or clause
(3), cause a copy of the notice to be transmitted to the President. The Speaker shall
summon the two Houses to meet in a joint sitting not earlier than seven days and not
later than fourteen days after the receipt of the notice by him. The joint sitting may
 investigate or cause to be investigated the ground or the charge upon which the notice
is founded. The President shall have the right to appear and be represented during
the investigation, if any, and before the joint sitting. If, after consideration of the
result of the investigation, if any, a resolution is passed at the joint sitting by the
votes of not less than two-thirds of the total membership of [Majlis-e-Shoora
(Parliament) declaring that the President is unfit to hold the office due to incapacity
or is guilty of violating the Constitution or of gross misconduct, the President shall
cease to hold office immediately on the passing of the resolution.
President to act on advice, etc.
48. In the exercise of his functions, the President shall act on
and in accordance with the advice of the Cabinet or the Prime Minister. The President shall
act in his discretion in respect of any matter in respect of which he is empowered by the
Constitution to do so 5[and the validity of anything done by the President in his discretion
shall not be called in question on any ground whatsoever.
Where the President dissolves the National Assembly, he shall,—
(a) appoint a date, not later than ninety days from the date of the
dissolution, for the holding of a general election to the Assembly;
and
(b) appoint a care-taker Cabinet in accordance with the provisions
of Article 224 or, as the case may be, Article 224A
If at any time the Prime Minister considers it necessary to hold a referendum on any
matter of national importance, he may refer the matter to a joint sitting of the
Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister
may cause such matter to be referred to a referendum in the form of a question that
is capable of being answered by either ― Yes‖ or ―
No‖. An Act of Majlis-e-Shoora
(Parliament) may lay down the procedure for the holding of a referendum and the
compiling and consolidation of the result of a referendum.
Chairman or Speaker to act as, or perform functions of, President
49. If the office of President becomes vacant by reason of death, resignation or
removal of the President, the Chairman or, if he is unable to perform the functions
of the office of President, the Speaker of the National Assembly shall act as President
until a President is elected in accordance with clause (3) of Article 41. When the
President, by reason of absence from Pakistan or any other cause, is unable to
perform his functions, the Chairman or, if he too is absent or unable to perform the
functions of the office of President, the Speaker of the National Assembly shall
perform the functions of President until the President returns to Pakistan or, as the
case may be, resumes his functions.
Majlis-e-Shoora (Parliament)
50. There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and
two Houses to be known respectively as the National Assembly and the Senate.
National Assembly
51. There shall be three hundred and forty-two seats for members in the National Assembly,
including seats reserved for women and non-Muslims.
(2) A person shall be entitled to vote if—
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be unsound mind.
There shall be, in the National Assembly, ten seats reserved for non- Muslims. The seats in
the National Assembly shall be allocated to each Province, the Federally Administered
Tribal Areas and the Federal Capital on the basis of population in accordance with the last
preceding census officially published.
Duration of National Assembly
52. The National Assembly shall, unless sooner dissolved, continue for a term of five years
from the day of its first meeting and shall stand dissolved at the expiration of its term.
Speaker and Deputy Speaker of National Assembly
53. After a general election, the National Assembly shall, at its first meeting and to the
exclusion of any other business, elect from amongst its members a Speaker and a
Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes
vacant, the Assembly shall elect another member as Speaker or, as the case may be,
Deputy Speaker. Before entering upon office, a member elected as Speaker or Deputy
Speaker shall make before the National Assembly oath in the form set out in the Third
Schedule. When the office of Speaker is vacant, or the Speaker is absent or is unable
to perform his functions due to any cause, the Deputy Speaker shall act as speaker,
and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker
due to any cause, such member as may be determined by the rules of procedure of
the Assembly shall preside at the meeting of the Assembly. The Speaker or the Deputy
Speaker shall not preside at a meeting of the Assembly when a resolution for his
removal from office is being considered. The Speaker may, by writing under his hand
addressed to the President, resign his office. The Deputy Speaker may, by writing
under his hand addressed to the Speaker, resign his office. The office of Speaker or
Deputy Speaker shall become vacant if—
(a) he resigns his office;
(b) he ceases to be a member of the Assembly; or
(c) he is removed from office by a resolution of the Assembly, of which not
less than seven days' notice has been given and which is passed by the
votes of the majority of the total membership of the Assembly.
(3) When the National Assembly is dissolved, the Speaker shall continue in
his office till the person elected to fill the office by the next Assembly enters upon
his office.
Summoning and prorogation of Majlis-e-Shoora (Parliament)
54. The President may, from time to time, summon either House or both Houses or
Majlis-e-Shoora (Parliament) in joint sitting to meet at such time and place as he
thinks fit and may also prorogue the same. There shall be at least [three] sessions of
the National Assembly every year, and not more than one hundred and twenty days
shall intervene between the last sitting of the Assembly in one session and the date
appointed for its first sitting in the next session: Provided that the National Assembly
shall meet for not less than one hundred and [thirty] working days in each year. On a
requisition signed by not less than one-fourth of the total membership of the National
Assembly, the Speaker shall summon the National Assembly to meet, at such time and
place as he thinks fit, within fourteen days of the receipt of the requisition; and when
the Speaker has summoned the Assembly only he may prorogue it.
Voting in Assembly and quorum
55. Subject to the Constitution, all decisions of the National Assembly shall be taken by
majority of the members present and voting, but the person presiding shall not vote
except in the case of equality of votes. If at any time during a sitting of the National
Assembly the attention of the person presiding is drawn to the fact that less than one- fourth
of the total membership of the Assembly is present, he shall either adjourn the Assembly or
suspend the meeting until at least one-fourth of such membership is present.
Address by President
56. The President may address either House or both Houses assembled together and may
for that purpose require the attendance of the members. The President may send
messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora
 (Parliament) or otherwise, and a House to which any message is so sent shall with all
convenient despatch consider any matter required by the message to be taken into
consideration. At the commencement of the first session after each general election to the
National Assembly and at the commencement of the first session of each year the President
shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of
the causes of its summons. Provision shall be made in the rules for regulating the procedure
of a House and the conduct of its business for the allotment of time for discussion of the
matters referred to in the address of the President.
Dissolution of National Assembly
58. The President shall dissolve the National Assembly if so advised by the Prime Minister;
and the National Assembly shall, unless sooner dissolved, stand dissolved at the
expiration of forty-eight hours after the Prime Minister has so advised.
Explanation.– Reference in this Article to "Prime Minister" shall not be
construed to include reference to a Prime Minister against whom a notice of a
resolution for a vote of no-confidence has been given in the National Assembly but
has not been voted upon or against whom such a resolution has been passed or who
is continuing in office after his resignation or after the dissolution of the National
Assembly.
Notwithstanding anything contained in clause (2) of Article 48, the President may
also dissolve the National Assembly in his discretion where, a vote of no-confidence
having been passed against the Prime Minister, no other member of the National
Assembly command the confidence of the majority of the members of the National
Assembly in accordance with the provisions of the Constitution, as ascertained in a
session of the National Assembly summoned for the purpose.
The Senate
59. The Senate shall consist of one hundred and four members, of whom—
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected from the Federally Administered Tribal Areas, in
such manner as the President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including
aalim shall be elected from the Federal Capital in such manner as the
President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial
Assembly;
(e) four technocrats including ulema shall be elected by the members of
each Provincial Assembly; and
(f) four non-Muslims, one from each Province, shall be elected by the
members of each Provincial Assembly:
Provided that paragraph (f) shall be effective from the next
Senate election after the commencement of the Constitution
(Eighteenth Amendment) Act, 2010.
Election to fill seats in the Senate allocated to each Province shall be held in accordance
with the system of proportional representation by means of the single transferable vote.
The Senate shall not be subject to dissolution but the term of its members, who shall retire
as follows, shall be six years:-
(a) of the members referred to in paragraph (a) of clause (1), seven shall
retire after the expiration of the first three years and seven shall retire
after the expiration of the next three years;
(b) of the members referred to in paragraph (b) of the aforesaid clause,
four shall retire after the expiration of the first three years and four
shall retire after the expiration of the next three years;
(c) of the members referred to in paragraph (c) of the aforesaid clause—
 (i) one elected on general seat shall retire after the expiration of
the first three years and the other one shall retire after the
expiration of the next three years; and
(ii) one elected on the seat reserved for technocrat shall retire after
first three years and the one elected on the seat reserved for
woman shall retire after the expiration of the next three years;
(d) of the members referred to in paragraph (d) of the aforesaid clause, two
shall retire after the expiration of the first three years and two shall
retire after the expiration of the next three years;
(e) of the members referred to in paragraph (e) of the aforesaid clause, two
shall retire after the expiration of the first three years and two shall
retire after the expiration of the next three years; and
(f) of the members referred to in paragraph (f) of the aforesaid clause, two
shall retire after the expiration of first three years and two shall retire
after the expiration of next three years:
Provided that the Election Commission for the first term of seats
for non-Muslims shall draw a lot as to which two members shall retire
after the first three years.
The term of office of a person elected to fill a casual vacancy shall be the unexpired term
of the member whose vacancy he has filled.
Chairman and Deputy Chairman
60. After the Senate has been duly constituted, it shall, at its first meeting and to the
exclusion of any other business. elect from amongst its members a Chairman and a
Deputy Chairman and, so often as the Office of Chairman or Deputy Chairman becomes
vacant, the Senate shall elect another member as Chairman or, as the case may be,
Deputy Chairman. The term of office of the Chairman or Deputy Chairman shall be'
[three] years from the day on which he enters upon his office.
Qualifications for membership of Majlis-e-Shoora (Parliament)
62. A person shall not be qualified to be elected or chosen as a member of Majlis-
e-Shoora (Parliament) unless—
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty-five
years of age and is enrolled as a voter in any electoral roll in—
(i) any part of Pakistan, for election to a general seat or a seat
reserved for non-Muslims; and
(ii) any area in a Province from which she seeks membership for
election to a seat reserved for women.
(c) he is, in the case of the Senate, not less than thirty years of age and is
enrolled as a voter in any area in a Province or, as the case may be, the
Federal Capital or the Federally Administered Tribal Areas, from where
he seeks membership;
(d) he is of good character and is not commonly known as one who violates
Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices
obligatory duties prescribed by Islam as well as abstains from major
sins;
(f) he is sagacious, righteous, non-profligate, honest and ameen, there
being no declaration to the contrary by a court of law; and
(g) he has not, after the establishment of Pakistan, worked against the
integrity of the country or opposed the ideology of Pakistan.
(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to
 a person who is a non-Muslim, but such a person shall have good moral reputation.
Legislative Procedure
Introduction and passing of Bills
70. A Bill with respect to any matter in the Federal Legislative List may originate in either
House and shall, if it is passed by the House in which it originated, be transmitted to the
other House; and, if the Bill is passed without amendment by the other House also, it shall
be presented to the President for assent. If a Bill transmitted to a House under clause (1) is
passed with amendments it shall be sent back to the House in which it originated and if that
House passes the Bill with those amendments it shall be presented to the President for assent.
If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety
days of its laying in the House or a Bill sent to a House under clause (2) with amendments is
not passed by that House with such amendments, the Bill, at the request of the House in
which it originated, shall be considered in a joint sitting and if passed by the votes of the
majority of the members present and voting in the joint sitting it shall be presented to the
President for assent.
Procedure at joint sittings
72. The President, after consultation with the Speaker of the National Assembly and the
Chairman, may make rules as to the procedure with respect to the joint sittings of,
and communications between, the two Houses. At a joint sitting, the Speaker of the
National Assembly or, in his absence, such person as may be determined by the rules
made under clause (1), shall preside. The rules made under clause (1) shall be laid
before a joint sitting and may be added to, varied, amended or replaced at a joint
sitting. Subject to the Constitution, all decisions at a joint sitting shall be taken by
the votes of the majority of the members present and voting.
Procedure with respect to Money Bills
73. Notwithstanding anything contained in Article 70, a Money Bill shall originate in the
National Assembly:
Provided that simultaneously when a Money Bill, including the Finance Bill containing the
Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be
transmitted to the Senate which may, within fourteen days, make recommendations thereon
to the National Assembly.
The National Assembly shall, consider the recommendations of the Senate and after the Bill
has been passed by the Assembly with or without incorporating the recommendations of the
Senate, it shall he presented to the President for assent.
Federal Government’s consent required for financial measures
74. A Money Bill, or a Bill or amendment which if enacted and brought into operation
would involve expenditure from the Federal Consolidated Fund or withdrawal from the
Public Account of the Federation or affect the coinage or currency of Pakistan or the
constitution or functions of the State Bank of Pakistan shall not be introduced or
moved in Majlis-e-Shoora (Parliament) except by or with the consent of the Federal
Government.
President’s assent to Bills
75. When a Bill is presented to the President for assent, the President shall, within [ten]
days—
a. assent to the Bill; or
b. in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-
Shoora (Parliament) with a message requesting that the Bill or any specified
provision thereof, be reconsidered and that any amendment specified in the
message be considered.
When the President has returned a Bill to the Majlis-e- Shoora (Parliament), it shall be
reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed,
with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the
majority of the members of both Houses present and voting, it shall be deemed for the
purposes of the Constitution to have been passed by both Houses and shall be presented to
the President, and the President shall give his assent within ten days, failing which such
assent shall be deemed to have been given. When the President has assented or is deemed
to have assented] to a Bill, it shall become law and be called an Act of Majlis-e- Shoora
(Parliament).
No Act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by
reason only that some recommendation, previous sanction or consent required by the
Constitution was not given if that Act was assented to in accordance with the Constitution.
Bill not to lapse on prorogation, etc.
76. A Bill pending in either House shall not lapse by reason of the prorogation of the
House.
A Bill pending in the Senate which has not been passed by the National Assembly shall not
lapse on the dissolution of the National Assembly.
A Bill pending in the National Assembly, or a Bill which having been passed by the National
Assembly is pending in the Senate, shall lapse on the dissolution of the National Assembly.
Tax to be levied by law only
77. No tax shall be levied for the purposes of the Federation except by or under the
authority of Act of Majlis-e-Shoora (Parliament).
Financial Procedure
Federal Consolidated Fund and Public Account
78. All revenues received by the Federal Government, all loans raised by that Government,
and all moneys received by it in repayment of any loan, shall form part of a
consolidated fund, to be known as the Federal Consolidated Fund. All other moneys—
(a) received by or on behalf of the Federal Government; or
(b) received by or deposited with the Supreme Court or any other court
established under the authority of the Federation;
shall be credited to the Public Account of the Federation.
Custody, etc., of Federal Consolidated Fund and Public Account
79. The custody of the Federal Consolidated Fund, the payment of moneys into that Fund,
the withdrawal of moneys therefrom, the custody of other moneys received by or on
behalf of the Federal Government, their payment into, and withdrawal from, the
Public Account of the Federation, and all matters connected with or ancillary to the
matters aforesaid shall be regulated by Act of Majlis-e-Shoora (Parliament) or, until
provision in that behalf is so made, by rules made by the President.
Annual Budget Statement
80. The Federal Government shall, in respect of every financial year, cause to be laid
before the National Assembly a statement of the estimated receipt and expenditure
of the Federal Government for that year, in this Part, referred to as the Annual Budget
Statement. The Annual Budget Statement shall show separately—
(a) the sums required to meet expenditure described by the Constitution as
expenditure charged upon the Federal Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be made from
the Federal Consolidated Fund;
and shall distinguish expenditure on revenue account from other expenditure.
Finance Committees
88. The expenditure of the National Assembly and the Senate within authorised
appropriations shall be controlled by the National Assembly or, as the case may be, the
Senate acting on the advice of its Finance Committee. The Finance Committee shall consist
of the Speaker or, as the case may be, the Chairman, the Minister of Finance and such
21
other members as may be elected thereto by the National Assembly or, as the case may be,
the Senate. The Finance Committee may make rules for regulating its procedure.
Power of President to promulgate Ordinances
89. The President may, except when the 2[Senate or] National Assembly is in session, if
satisfied that circumstances exist which render it necessary to take immediate action,
make and promulgate an Ordinance as the circumstances may require. An Ordinance
promulgated under this Article shall have the same force and effect as an Act of Majlis-
e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-
e-Shoora (Parliament) to make law, but every such Ordinance—
(a) shall be laid—
(i) before the National Assembly if it 4[contains provisions dealing
with all or any of the matters specified in clause (2) of Article
73], and shall stand repealed at the expiration of 5[one hundred
and twenty days] from its promulgation or, if before the
expiration of that period a resolution disapproving it is passed by
the Assembly, upon the passing of that resolution
Provided that the National Assembly may by a resolution
extend the Ordinance for a further period of one hundred and
twenty days and it shall stand repealed at the expiration of the
extended period, or if before the expiration of that period a
resolution disapproving it is passed by the Assembly, upon the
passing of that resolution:
Provided further that extension for further period may be
made only once.
(ii) before both Houses if it does not contain provisions dealing with
any of the matters referred to in sub-paragraph (i), and shall
stand repealed at the expiration of one hundred and twenty days
from its promulgation or, if before the expiration of that period
a resolution disapproving it is passed by either House, upon the
passing of that resolution:
Provided that either House may by a resolution extend it
for a further period of one hundred and twenty days and it shall
stand repealed at the expiration of the extended period, or if
before the expiration of that period a resolution disapproving it
is passed by a House, upon the passing of that resolution:
Provided further that extension for a further period may
be made only once; and
(b) may be withdrawn at any time by the President.
(3) without prejudice to the provisions of clause (2)—
(a) an Ordinance laid before the National Assembly under sub- paragraph (i)
of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in
the National Assembly; and
(b) an Ordinance laid before both Houses under sub-paragraph
(ii) of paragraph (a) of clause (2) shall be deemed to be a Bill
introduced in the House where it was first laid.
Exercise of executive authority of the Federation
90. Subject to the Constitution, the executive authority of the Federation shall be
exercised in the name of the President by the Federal Government, consisting of the
Prime Minister and the Federal Ministers, which shall act through the Prime Minister,
who shall be the chief executive of the Federation. In the performance of his
functions under the Constitution, the Prime Minister may act either directly or
22
 through the Federal Minister.
The Cabinet
91. There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and
advise the President in the exercise of his functions. The National Assembly shall meet
on the twenty-first day following the day on which a general election to the Assembly
is held, unless sooner summoned by the President. After the election of the Speaker
and the Deputy Speaker, the National Assembly shall, to the exclusion of any other
business, proceed to elect without debate one of its Muslim members to be the Prime
Minister. The Prime Minister shall be elected by the votes of the majority of the total
membership of the National Assembly: Provided that, if no member secures such
majority in the first poll, a second poll shall be held between the members who secure
the two highest numbers of votes in the first poll and the member who secures a
majority of votes of the members present and voting shall be declared to have been
elected as Prime Minister: Provided further that, if the number of votes secured by
two or more members securing the highest number of votes is equal, further poll shall
be held between them until one of them secures a majority of votes of the members
present and voting.
Provided that there shall be no restriction on the number of terms for the office of
the Prime Minister. The Cabinet, together with the Ministers of State, shall be
collectively responsible to the Senate and the National Assembly. The Prime Minister
shall hold office during the pleasure of the President, but the President shall not
exercise his powers under this clause unless he is satisfied that the Prime Minister does
not command the confidence of the majority of the members of the National Assembly,
in which case he shall summon the National Assembly and require the Prime Minister
to obtain a vote of confidence from the Assembly.
The Prime Minister may, by writing under his hand addressed to the President, resign
his office. A Minister who for any period of six consecutive months is not a member of
the National Assembly shall, at the expiration of that period, cease to be a Minister
and shall not before the dissolution of that Assembly be again appointed a Minister
unless he is elected a member of that Assembly : Provided that nothing contained in
this clause shall apply to a Minister who is member of the Senate.
Nothing contained in this Article shall be construed as disqualifying the Prime Minister
or any other Minister or a Minister of State for continuing in office during any period
during which the National Assembly stands dissolved, or as preventing the appointment
of any person as Prime Minister or other Minister or a Minister of State during any such
period.
Prime Minister continuing in office
94. The President may ask the Prime Minister to continue to hold office until his successor
enters upon the office of Prime Minister.
Vote of no-confidence against Prime Minister
95. A resolution for a vote of no-confidence moved by not less than twenty per centum of
the total membership of the National Assembly may be passed against the Prime
Minister by the National Assembly. If the resolution referred to in clause (1) is passed
by a majority of the total membership of the National Assembly, the Prime Minister
shall cease to hold office.
Conduct of business of Federal Government
99. All executive actions of the Federal Government shall be expressed to be taken in the
name of the President. The Federal Government shall by rules specify the manner in which
orders and other instruments made and executed in his name of the President shall be
authenticated, and the validity of any order or instrument so authenticated shall not be
questioned in any court on the ground that it was not made or executed by the President.
23
The Federal Government shall also make rules for the allocation and transaction of its
business.
Attorney-General for Pakistan
100. The President shall appoint a person, being a person qualified to be appointed
a Judge of the Supreme Court, to be the Attorney-General for Pakistan. The Attorney-
General shall hold office during the pleasure of the President and shall not engage in
private practice so long as he holds the office of the Attorney-General. It shall be the
duty of the Attorney-General to give advice to the Federal Government upon such
legal matters, and to perform such other duties of a legal character, as may be
referred or assigned to him by the Federal Government, and in the performance of
his duties he shall have the right of audience in all courts and tribunals in Pakistan.
The Attorney-General may, by writing under his hand addressed to the President,
resign his office.
Appointment of Governor
101. There shall be a Governor for each Province, who shall be appointed by the
President on the advise of the Prime Minister. A person shall not be appointed a
Governor unless he is qualified to be elected as a member of the National Assembly
and is not less than thirty-five years of age and is a registered voter and resident of
the Province concerned. The Governor shall hold office during the pleasure of the
President and shall be entitled to such salary, allowances and privileges as the
President may determine. The Governor may, by writing under his hand addressed to
the President, resign his office. The President may make such provision as he thinks fit for
the discharge of the functions of a Governor in any contingency not provided for in this Part.
Oath of Office
102. Before entering upon office, the Governor shall make before the Chief Justice
of the High Court oath in the form set out in the Third Schedule. Conditions of
Governor’s office
Local Government
140A. Each Province shall, by law, establish a local government system and devolve political,
administrative and financial responsibility and authority to the elected representatives of
the local governments. Elections to the local governments shall be held by the Election
Commission of Pakistan.
Council of Common Interests
153. There shall be a Council of Common Interests, to be appointed by the
President. The Council shall consist of—
(a) the Prime Minister who shall be the Chairman of the Council;
(b) the Chief Ministers of the Provinces; and
(c) three members from the Federal Government to be nominated by the
Prime Minister from time to time.
The Council shall be responsible to Majlis-e-Shoora (Parliament) and shall submit an Annual
Report to both Houses of Majlis-e-Shoora (Parliament).
Functions and rules of procedure
154. The Council shall formulate and regulate policies in relation to matters in Part
II of the Federal Legislative List and shall exercise supervision and control over related
institutions. The Council shall be constituted within thirty days of the Prime Minister taking
oath of office. The Council shall have a permanent Secretariat and shall meet at least once
in ninety days: Provided that the Prime Minister may convene a meeting on the request of a
Province on an urgent matter. The decisions of the Council shall be expressed in terms of the
opinion of the majority. Until Majlis-e-Shoora (Parliament) makes provision by law in this
behalf, the Council may make its rules of procedure. If the Federal Government or a Provincial
Government is dissatisfied with a decision of the Council, it may refer the matter to Majlis-
24
 e-Shoora (Parliament) in a joint sitting whose decision in this behalf shall be final.
National Economic Council
156. The President shall constitute a National Economic Council which shall
consist of: —
(a) the Prime Minister, who shall be the Chairman of the Council;
(b) the Chief Ministers and one member from each Province to be
nominated by the Chief Minister; and
(c) four other members as the Prime Minister may nominate from time to
time.
The National Economic Council shall review the overall economic condition of the country
and shall, for advising the Federal Government and the Provincial Governments, formulate
plans in respect of financial, commercial, social and economic policies; and in formulating
such plans, it shall, amongst other factors, ensure balanced development and regional
equity and shall also be guided by the Principles of Policy set-out in Chapter 2 of Part II.
The meetings of the Council shall be summoned by the Chairman or on a requisition made
by one-half of the members of the Council. The Council shall meet at least twice in a year
and the quorum for a meeting of the Council shall be one-half of its total membership. The
Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual
Report to each House of Majlis- e-Shoora (Parliament).
National Finance Commission
160. Within six months of the commencing day and thereafter at intervals not
exceeding five years, the President shall constitute a National Finance Commission
consisting of the Minister of Finance of the Federal Government, the Ministers of
Finance of the Provincial Governments, and such other persons as may be appointed
by the President after consultation with the Governors of the Provinces. It shall be
the duty of the National Finance Commission to make recommendations to the
President as to—
(a) the distribution between the Federation and the Provinces of the net
proceeds of the taxes mentioned in clause (3);
(b) the making of grants-in-aid by the Federal Government to the Provincial
Governments;
(c) the exercise by the Federal Government and the Provincial Governments
of the borrowing powers conferred by the Constitution; and
(d) any other matter relating to finance referred to the Commission by the
President.
The Federal Finance Minister and Provincial Finance Ministers shall monitor the
implementation of the Award biannually and lay their reports before both Houses of Majlis-
e-Shoora (Parliament) and the Provincial Assemblies. As soon as may be after receiving the
recommendations of the National Finance Commission, the President shall, by 2Order,
specify, in accordance with the recommendations of the Commission under paragraph (a) of
clause (2), the share of the net proceeds of the taxes mentioned in clause (3) which is to be
allocated to each Province, and that share shall be paid to the Government of the Province
concerned, and, notwithstanding the provision of Article 78 shall not form part of the Federal
Consolidated Fund.
The recommendations of the National Finance Commission, together with an explanatory
memorandum as to the action taken thereon, shall be laid before both Houses and the
Provincial Assemblies. At any time before an Order under clause (4) is made, the President
may, by Order, make such amendments or modifications in the law relating to the
distribution of revenues between the Federal Government and the Provincial Governments
as he may deem necessary or expedient. The President may, by Order, make grants-in-aid
of the revenues of the Provinces in need of assistance and such grants shall be charged
97
upon the Federal Consolidated Fund.
The Judicature
CHAPTER 1. – THE COURTS
Establishment and jurisdiction of courts
175. There shall be a Supreme Court of Pakistan, a High Court for each Province 1[and a
High Court for the Islamabad Capital Territory] and such other courts as may be established
by law. No court shall have any jurisdiction save as is or may be conferred on it by the
Constitution or by or under any law. The Judiciary shall be separated progressively from the
Executive within fourteen years from the commencing day.
Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court
175A. There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred
to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the
Federal Shariat Court, as hereinafter provided. For appointment of Judges of the Supreme
Court, the Commission shall consist of—
(i) Chief Justice of Pakistan; Chairman
(ii) [four] most senior Judges of the Supreme Members Court;
(iii) a former Chief Justice or a former Judge Member of the
Supreme Court of Pakistan to be
nominated by the Chief Justice of Pakistan, in
consultation with the 5[four] member Judges, for a
term of two years;
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; and Member
(vi) a Senior Advocate of the Supreme Court Member of Pakistan
nominated by the Pakistan
Bar Council for a term of two years.
The President shall appoint the most senior Judge of the Supreme Court as the Chief
Justice of Pakistan. The Commission may make rules regulating its procedure. For
appointment of Judges of a High Court, the Commission in clause
shall also include the following, namely:—
(i) Chief Justice of the High Court to Member
which the appointment is being
made;
(ii) the most senior Judge of that High Member
Court;
(iii) Provincial Minister for Law; and Member
(iv) an advocate having not less than Member
fifteen years practice in the High
Court to be nominated by the
concerned Bar Council
for a term of two years:
Provided that for appointment of the Chief Justice of a High Court, the most senior Judge
mentioned in paragraph (ii) shall not be member of the Commission:
Provided further that if for any reason the Chief Justice of High Court is not available, he
shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated
by the Chief Justice of Pakistan in consultation with the four member Judges of the
Commission mentioned in paragraph (ii) of clause (2).
For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall
also include the following, namely:—
(i) Chief Justice of the Islamabad High Court; Member and
98
 (ii) the most senior Judge of that High Court: Member
1
Provided that for initial appointment of the [Chief Justice and the] Judges of the Islamabad
High Court, the Chief Justices of the four Provincial High Courts shall also be members of the
Commission:
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice
of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.
For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall
also include the Chief Justice of the Federal Shariat Court and the most senior Judge of
that Court as its members.
The Commission by majority of its total membership shall nominate to the Parliamentary
Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or
the Federal Shariat Court, as the case may be. The Parliamentary Committee, hereinafter
in this Article referred to as the Committee, shall consist of the following eight members,
namely:—
(vii) four members from the Senate; and
(viii) four members from the National Assembly:
Provided that when the National Assembly is dissolved, the total membership of the
Parliamentary Committee shall consist of the members from the Senate only mentioned in
paragraph (i) and the provisions of this Article shall, mutatis mutandis, apply. Out of the
eight members of the Committee, four shall be from the Treasury Benches, two from each
House and four from the Opposition Benches, two from each House. The nomination of
members from the Treasury Benches shall be made by the Leader of the House and from the
Opposition Benches by the Leader of the Opposition. Secretary, Senate shall act as the
Secretary of the Committee. The Committee on receipt of a nomination from the Commission
may confirm the nominee by majority of its total membership within fourteen days, failing
which the nomination shall be deemed to have been confirmed: Provided that the
Committee, for reasons to be recorded, may not confirm the nomination by three-fourth
majority of its total membership within the said period: Provided further that if a nomination
is not confirmed by the Committee it shall forward its decision with reasons so recorded to
the Commission through the Prime Minister: Provided further that if a nomination is not
confirmed, the Commission shall send another nomination.
The Committee shall send the name of the nominee confirmed by it or deemed to have been
confirmed to the Prime Minister who shall forward the same to the President for
appointment. No action or decision taken by the Commission or a Committee shall be invalid
or called in question only on the ground of the existence of a vacancy therein or of the
absence of any member from any meeting thereof. The meetings of the Committee shall be
held in camera and the record of its proceedings shall be maintained. The provisions of Article
68 shall not apply to the proceedings of the Committee.
CHAPTER 2. – THE SUPREME COURT OF PAKISTAN
Constitution of Supreme Court
176. The Supreme Court shall consist of a Chief Justice to be known as the Chief
Justice of Pakistan and so many other Judges as may be determined by Act of Majlis-
e-Shoora (Parliament) or, until so determined, as may be fixed by the President.
Appointment of Supreme Court Judges
177. The Chief Justice of Pakistan and each of the other Judges of the Supreme
Court shall be appointed by the President in accordance with Article 175A.
A person shall not be appointed a Judge of the Supreme Court unless he is a citizen
of Pakistan and—
(a) has for a period of, or for periods aggregating, not less than five years
been a judge of a High Court (including a High Court which existed in
Pakistan at any time before the commencing day); or
99
 (b) has for a period of, or for periods aggregating, not less than fifteen years
been an advocate of a High Court (including a High Court which existed
in Pakistan at any time before the commencing day).
Oath of Office
178. Before entering upon office, the Chief Justice of Pakistan shall make before
the President, and any other Judge of the Supreme Court shall make before the Chief
Justice, oath in the form set out in the Third Schedule.
Retiring age
179. A Judge of the Supreme Court shall hold office until he attains the age of sixty-
five years, unless he sooner resigns or is removed from office in accordance with the
Constitution.
184. The Supreme Court shall, to the exclusion of every other court, have original
jurisdiction in any dispute between any two or more Governments. In this clause,
"
Governments" means the Federal Government and the Provincial Governments. In the exercise
of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce
declaratory judgements only.
Without prejudice to the provisions of Article 199, the Supreme Court shall, if it
considers that a question of public importance with reference to the enforcement of
any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the
power to make an order of the nature mentioned in the said Article.
185. Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine
appeals from judgements, decrees, final orders or sentences of a High Court. An appeal shall
lie to the Supreme Court from any judgement, decree, final order or sentence of a High
Court—
(a) if the High Court has on appeal reversed an order of acquittal of an
accused person and sentenced him to death or to transportation for life
or imprisonment for life; or, on revision, has enhanced a sentence to a
sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any
court subordinate to it and has in such trial convicted the accused
person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for
contempt of the High Court; or
(d) if the amount or value of the subject-matter of the dispute in the court
of first instance was, and also in dispute in appeal is, not less than fifty
thousand rupees or such other sum as may be specified in that behalf by
Act of Majlis-e-Shoora (Parliament)] and the judgment, decree or final order
appealed from has varied or set aside the judgment, decree or final order of
the court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly
some claim or question respecting property of the like amount or value
and the judgment, decree or final order appealed from has varied or set
aside the judgment, decree or final order of the court immediately
below; or
(f) if the High Court certifies that the case involves a substantial question
of law as to the interpretation of the Constitution.
An appeal to the Supreme Court from a judgment decree, order or sentence of a High Court
in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave
to appeal.
Advisory Jurisdiction
186. If, at any time, the President considers that it is desirable to obtain the opinion
100
 of the Supreme Court on any question of law which he considers of public importance,
he may refer the question to the Supreme Court for consideration. The Supreme Court
shall consider a question so referred and report its opinion on the question to the President.
Review of judgments of orders by the Supreme Court
187. The Supreme Court shall have power, subject to the provisions of any Act of
Majlis-e-Shoora (Parliament) and of any rules made by the Supreme Court, to review
any judgment pronounced or any order made by it.
CHAPTER 3. – THE HIGH COURTS
Constitution of High Court
192. A High Court shall consist of a Chief Justice and so many other Judges as may be
determined by law or, until so determined, as may be fixed by the President. The Sind and
Baluchistan High Court shall cease to
function as a common High Court for the Provinces of Baluchistan and Sind.
Appointment of High Court Judges
193. The Chief Justice and each of other Judges of a High Court shall be appointed by the
President in accordance with Article 175A.
A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is
not less than [forty-five] years of age, and—
(a) he has for a period of, or for periods aggregating, not less than ten years
been an advocate of a High Court (including a High Court which existed
in Pakistan at any time before the commencing day); or
(b) he is, and has for a period of not less than ten years been, a member of
a civil service prescribed by law for the purposes of this paragraph, and
has, for a period of not less than three years, served as or exercised the
functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in
Pakistan.
Oath of Office
194. Before entering upon office, the Chief Justice of a High Court shall make before the
Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the
form set out in the Third Schedule. Provided that the Chief Justice of the Islamabad High Court
shall make oath before the President and other Judges of that Court shall make oath before the
Chief Justice of the Islamabad High Court.
Retiring age
195. A Judge of a High Court shall hold office until he attains the age of sixty-two years,
unless he sooner resigns or is removed from office in accordance with the Constitution.
Jurisdiction of High Court
196. Subject to the Constitution, a High Court may, if it is satisfied that no other
adequate remedy is provided by law—
(a) on the application of any aggrieved party, make an order—
(i) directing a person performing, within the territorial jurisdiction
of the Court, functions in connection with the affairs of the
Federation, a Province or a local authority, to refrain from doing
anything he is not permitted by law to do, or to do anything he is
required by law to do; or
(ii) declaring that any act done or proceeding taken within the
territorial jurisdiction of the Court by a person performing
functions in connection with the affairs of the Federation, a
Province or a local authority has been done or taken without
lawful authority and is of no legal effect; or
(b) on the application of any person, make an order—
101
 (i) directing that a person in custody within the territorial
jurisdiction of the Court be brought before it so that the Court
may satisfy itself that he is not being held in custody without
lawful authority or in an unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court
holding or purporting to hold a public
office to show under what authority of law he claims to hold
that office; or
(c) on the application of any aggrieved person, make an order giving such
directions to any person or authority, including any Government
exercising any power or performing any function in, or in relation to,
any territory within the jurisdiction of that Court as may be appropriate
for the enforcement of any of the Fundamental Rights conferred by
Chapter 1 of Part II.
CHAPTER 3A. – FEDERAL SHARIAT COURT
203A. The provisions of this Chapter shall have effect notwithstanding anything contained
in the Constitution.
The Federal Shariat Court
203C. There shall be constituted for the purposes of this Chapter a Court to be called the
Federal Shariat Court. The Court shall consist of not more than eight Muslim Judges,
including the Chief Justice, to be appointed by the President in accordance with Article
175A. The Chief Justice shall be a person who is, or has been, or is qualified to be, a
Judge of the Supreme Court or who is or has been a permanent Judge of a High Court. Of
the Judges, not more than four shall be persons each one of whom is, or has been, or is
qualified to be, a Judge of a High Court and not more than three shall be Ulema having at
least fifteen years experience in Islamic law, research or instruction. The Chief Justice and
a Judge shall hold office for a period not exceeding three years, but may be appointed for
such further term or terms as the President may determine: Provided that a Judge of a High
Court shall not be appointed to be a except with his consent and , except where the Judge
is himself the Chief Justice, after consultation by the President with the Chief Justice of
the High Court. Before entering upon office, the Chief Justice and a Judge shall make
before the President or a person nominated by him oath in the form set out in the Third
Schedule.
Powers, jurisdiction and functions of the Court

203D. The Court may, either of its own motion or on the petition of a citizen of Pakistan
or the Federal Government or a Provincial Government, examine and decide the question
whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid
down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the
Injunctions of Islam. Where the Court takes up the examination of any law or provision of
law under clause (1) and such law or provision of law appears to it to be repugnant to the
Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case
of a law with respect to a matter in the Federal Legislative List or to the Provincial
Government in the case of a law with respect to a matter not enumerated in the Federal
Legislative List, a notice specifying the particular provisions that appear to it to be so
repugnant, and afford to such Government adequate opportunity to have its point of view
placed before the Court.
If the Court decides that any law or provision of law is repugnant to the Injunctions of
Islam, it shall set out in its decision :—
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and
102
specify the day on which the decision shall take effect:

If any law or provision of law is held by the Court to be repugnant to the Injunctions
of Islam,—

(a) the President in the case of a law with respect to a matter in the Federal
Legislative List or the Governor in the case of a law with respect to a
matter not enumerated in said List shall take steps to amend the law so
as to bring such law or provision into conformity with the Injunctions of
Islam; and
(b) such law or provision shall, to the extent to which it is held to be so
repugnant, cease to have effect on the day on which the decision of the
Court takes effect.

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Revisional and other jurisdiction of the Court
203DD. The Court may call for and examine the record of any case decided by any criminal
court under any law relating to the enforcement of Hudood for the purpose of satisfying
itself as to the correctness, legality or propriety of any finding, sentence or order recorded
or passed by, and as to the regularity of any proceedings of, such court and may, when
calling for such record, direct that the execution of any sentence be suspended and, if
the accused is in confinement, that he be released on bail or on his own bond pending the
examination of the record. In any case the record of which has been called for by the
Court, the Court may pass such order as it may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorise the Court to convert a
finding of acquittal into one of conviction and no order under this Article shall be made
to the prejudice of the accused unless he has had an opportunity of being heard in his own
defence.
Appeal to Supreme Court
203F. Any party to any proceedings before the Court under Article 203D aggrieved by the
final decision of the Court in such proceedings may, within sixty days of such decision,
prefer an appeal to the Supreme Court. Provided that an appeal on behalf of the
Federation or of a Province may be preferred within six months of such decision.
Decision of Court binding on High Court and courts subordinate to it
203GG. Subject to Articles 203D and 203F, any decision of the Court in the exercise of
its jurisdiction under this Chapter shall be binding on a High Court and on all courts
subordinate to a High Court.
CHAPTER 4. – GENERAL PROVISIONS RELATING TO THE JUDICATURE
204. Contempt of Court
206. Resignation to President
Supreme Judicial Council
209. There shall be a Supreme Judicial Council of Pakistan. The Council shall
consist of—
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
If at any time the Council is inquiring into the capacity or conduct of a Judge who is a
member of the Council, or a member of the Council is absent or is unable to act due to
illness or any other cause, then—
(a) if such member is a Judge of the Supreme Court, the Judge of the
Supreme Court who is next in seniority below the Judges referred to
in paragraph (b) of clause (2), and

(b) if such member is the Chief Justice of a High Court, the Chief Justice
of another High Court who is next in seniority amongst the Chief
Justices of the remaining High Courts, shall act as a member of the
Council in his place.
If, upon any matter inquired into by the Council, there is a difference of opinion
amongst its members, the opinion of the majority shall prevail, and the report of the
Council to the President shall be expressed in terms of the view of the majority. If, on
information from any source, the Council or the President is of the opinion that a Judge of the
Supreme Court or of a High Court—
(a) may be incapable of properly performing the duties of his office by
reason of physical or mental incapacity; or
(b) may have been guilty of misconduct,
the President shall direct the Council to, or the Council may, on its own motion,
inquire into the matter. 10
4
If, after inquiring into the matter, the Council reports to the President that it is of the
opinion—
(a) that the Judge is incapable of performing the duties of his office or
 has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove
the Judge from office.
A Judge of the Supreme Court or of a High Court shall not be removed from office
except as provided by this Article. The Council shall issue a code of conduct to be
observed by Judges of the Supreme Court and of the High Courts.
Chief Election Commissioner
213. There shall be a Chief Election Commissioner, who shall be appointed
by the President.
Oath of Office
214. Before entering upon office, the Commissioner shall make before the Chief
Justice of Pakistan and a member of the Election Commission shall make before
the Commissioner oath in the form set-out in the Third Schedule.
Term of office of Commissioner [and members]
215. The Commissioner and a member shall, subject to this Article, hold office
for a term of five years from the day he enters upon his office.
PART IX Islamic Provisions
Provisions relating to the Holy Quran and Sunnah
227. All existing laws shall be brought in conformity with the Injunctions of Islam
as laid down in the Holy Quran and Sunnah, in this part referred to as the
Injunctions of Islam, and no law shall be enacted which is repugnant to such
Injunctions. Nothing in this Part shall affect the personal laws of non- Muslim
citizens or their status as citizens.
Composition, etc., of Islamic Council
228. There shall be, constituted within a period of ninety days from the
commencing day a Council of Islamic Ideology, in this part referred to as the
Islamic Council. The Islamic Council shall consist of such members, being not less
than eight and not more than twenty as the President may appoint from amongst
persons having knowledge of the principles and philosophy of Islam as enunciated
in the Holy Quran and Sunnah, or understanding of the economic, political, legal
or administrative problems of Pakistan. While appointing members of the Islamic
Council, the President shall ensure that—
(a) so far as practicable various schools of thought are represented in
the Council;
(b) not less than two of the members are persons each of whom is, or
has been a Judge of the Supreme Court or of a High Court;
(c) not less than 1[one third] of the members are persons each of whom
has been engaged, for a period of not less than fifteen years, in
Islamic research or instruction; and
(d) at least one member is a woman.
The President shall appoint one of the members of the Islamic Council to be the
Chairman thereof. Subject to clause (6), a member of the Islamic Council shall
hold office for a period of three years. A member may, by writing under his hand
addressed to the President, resign his office or may be removed by the President
upon the passing of a resolution for his removal by a majority of the total
membership of the Islamic Council.
Reference by Majlis-e-Shoora (Parliament), etc., to Islamic Council
229. The President or the Governor of a Province may, or if two-fifths of its total
membership so requires, a House or a Provincial Assembly shall, refer to the
Islamic Council for advice any question as to whether a proposed law is or is not
repugnant to the Injunctions of Islam.
10
Functions of the Islamic Council 5
230. The functions of the Islamic Council shall be—
(a) to make recommendations to Majlis-e-Shoora (Parliament) and the
Provincial Assemblies as to the ways and means of enabling and
 encouraging the Muslims of Pakistan to order their lives individually
and collectively in all respects in accordance with the principles and
concepts of Islam as enunciated in the Holy Quran and Sunnah;
(b) to advise a House, a Provincial Assembly, the President or a Governor
on any question referred to the Council as to whether proposed law
is or is not repugnant to the Injunctions of Islam;
(c) to make recommendations as to the measures for bringing existing
laws into conformity with the Injunctions of Islam and the stages by
which such measures should be brought into effect; and
(d) to compile in a suitable form, for the guidance of 1[Majlis- e-Shoora
(Parliament)] and the Provincial Assemblies, such Injunctions of Islam
as can be given legislative effect.
(2) When, under Article 299, a question is referred by a House, a
Provincial Assembly, the President or a Governor to the Islamic Council, the
Council shall, within fifteen days thereof, inform the House, the Assembly, the
President or the Governor, as the case may be, of the period within which the
Council expects to be able to furnish that advice.
(3) Where a House, a Provincial Assembly, the President or the Governor,
as the case may be, considers that, in the public interest, the making of the
proposed law in relation to which the question arose should not be postponed until
the advice of the Islamic Council is furnished, the law may be made before the
advice is furnished: Provided that, where a law is referred for advice to the Islamic
Council and the Council advises that the law is repugnant to the Injunctions of Islam, the
House or, as the case may be, the Provincial Assembly, the President or the Governor shall
reconsider the law so made. The Islamic Council shall submit its final report within
seven years of its appointment, and shall submit an annual interim report. The
report, whether interim or final, shall be laid for discussion before both Houses
and each Provincial Assembly within six months of its receipt, and 1[Majlis-e-
Shoora (Parliament)] and the Assembly, after considering the report, shall enact
laws in respect thereof within a period of two years of the final report.
Rules of procedure
231. The proceedings of the Islamic Council shall be regulated by rules of
procedure to be made by the Council with approval of the President.
Proclamation of emergency on account of war, internal disturbance, etc.
232. (1) If the President is satisfied that a grave emergency exists in which the
security of Pakistan, or any part thereof, is threatened by war or external
aggression, or by internal disturbance beyond the power of a Provincial
Government to control, he may issue a Proclamation of Emergency:
Provided that for imposition of emergency due to internal disturbances beyond the
powers of a Provincial Government to control, a resolution from the Provincial
Assembly of that Province shall be required: Provided further that if the President
acts on his own, the Proclamation of Emergency shall be placed before both Houses
of Majlis- e-Shoora (Parliament) for approval by each House within ten days.
PART XI: Amendment of Constitution
238. Subject to this Part, the Constitution may be amended by Act of Majlis-e-Shoora
(Parliament).
Constitution, amendment Bill
239. A Bill to amend the Constitution may originate in either House and, when
the Bill has been passed by the votes of not less than two-thirds of the total
membership of the House, it shall be transmitted to the other House. If the Bill is
passed without amendment by the votes of not less than two-thirds of the total
membership of the House to which it is transmitted under clause (1), it10 shall,
subject to the provisions of clause (4), be presented to the President for assent.
6 If
the Bill is passed with amendment by the votes of not less than two-thirds of the
total membership of the House to which it is transmitted under clause (1), it shall
 be reconsidered by the House in which it had originated, and if the Bill as amended
by the former House is passed by the latter by the votes of not less than two-thirds
of its total membership it shall, subject to the provisions of clause (4), be
presented to the President for assent. A Bill to amend the Constitution which would
have the effect of altering the limits of a Province shall not be presented to the
President for assent unless it has been passed by the Provincial Assembly of that
Province by the votes of not less than two-thirds of its total membership. No
amendment of the Constitution shall be called in question in any court on any
ground whatsoever.
For the removal of doubt, it is hereby declared that there is no limitation whatever
on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions
of the Constitution.
Administration of Tribal Areas
247. 1. Subject to the Constitution, the executive authority of the Federation
shall extend to the Federally Administered Tribal Areas, and the executive authority
of a Province shall extend to the Provincially Administered Tribal Areas therein.
2. The President may, from time to time, give such directions to the Governor of a
Province relating to the whole or any part of a Tribal Area within the Province as he
may deem necessary, and the Governor shall, in the exercise of his functions under
this Article, comply with such directions.
3. No Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal
Area or to any part thereof, unless the President so directs, and no Act of 1[Majlis-e-
Shoora (Parliament)] or a Provincial Assembly shall apply to a Provincially
Administered Tribal Area, or to any part thereof, unless the Governor of the Province
in which the Tribal Area is situate, with the approval of the President, so directs; and
in giving such a direction with respect to any law, the President or, as the case may
be, the Governor, may direct that the law shall, in its application to a Tribal Area, or
to a specified part thereof, have effect subject to such exceptions and modifications
as may be specified in the direction.
4. Notwithstanding anything contained in the Constitution, the President may, with
respect to any matter within the legislative competence of 1[Majlis-e-Shoora
(Parliament)], and the Governor of a Province, with the prior approval of the
President, may, with respect to any matter within the legislative competence of the
Provincial Assembly make regulations for the peace and good government of a
Provincially Administered Tribal Area or any part thereof, situated in the Province.
5. Notwithstanding anything contained in the Constitution, the President may, with
respect to any matter, make regulations for the peace and good government of a
Federally Administered Tribal Area or any part thereof.
6. The President may, at any time, by Order, direct that the whole or any part of a Tribal
Area shall cease to be Tribal Area, and such Order may contain such incidental and
consequential provisions as appear to the President to be necessary and proper:
Provided that before making any Order under this clause, the President shall
ascertain, in such manner as he considers appropriate, the views of the people of the
Tribal Area concerned, as represented in tribal jirga.

7. Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the
Constitution in relation to a Tribal Area, unless Majlis-e-Shoora (Parliament) by law
otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which
the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before
the commencing day.
National language
251. The National language of Pakistan is Urdu, and arrangements shall be made for
10 its
7
being used for official and other purposes within fifteen years from the commencing
day.
TOTAL ARTICLES: 280